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How to Demonstrate Fault in a Fall Injury Case Thousands get injured annually, some of them seriously, after slipping and falling on surfaces such as floor or stairs that are slippery and dangerous. While personal injury law provide for compensation to victims of slip and fall cases, it’s not usually straightforward to apportion fault on the part of a building owner. Below are ways a personal injury lawyer can try to demonstrate that a building owner is at fault for injuries sustained in a slip and fall case: 3 Prerequisites for Demonstrating Fault After you’re injured in a slip and fall accident on someone else’s building as a result of a dangerous situation, you may have a case in court if you can show the conditions below to be factual:
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1. Either the owner of the building or their staff should have spotted the dangerous situation that resulted in the plaintiff’s slip and fall injury since a reasonable individual in their situation would have realized and corrected it to prevent the accident.
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2. Either the owner of the property or their employee knew about the risky situation but failed to fix it. 3. Either the owner of the building or their personnel caused the risky situation that led to slip and fall injury to the claimant. The Issue of Reasonableness When you’re on court mission to prove that a property owner is legally responsible for your slip and fall injuries, you’ll most probably have to demonstrate, at some point, the reasonableness of the defendant’s actions or inaction. In a case where the accident is caused by a leaking roof over a stairwell, for example, how long the defect has been left unattended to can demonstrate how reasonable the landlord is. In case the leak has existed unfixed for the past 120 days, it’s less logical for the building owner to fail to fix it than it would have been had it started just the night prior to the accident and the accused could not have fixed it immediately while it was still raining. To strengthen your claims against the owner of the building, it’ll help to demonstrate that they bore the legal responsibility of reasonable care to move swiftly and avert a dangerous condition inside their property. For example, the landlord may not be reasonably liable for a tenant tripping over a rake on a lawn because they don’t have to always remove it from there. Slip and fall injury compensation is not always easy to win in court, although there are conditions that can be proved with the input of a good attorney to show liability on the landlord’s part.